CRL RC/1937/2026 of Vanaja Vs State by Sub Inspector of Police on 28 September 2026

ORDER

The revision challenges the dismissal of the petitioner’s application seeking return of her gold chain weighing 14.900 grams which was stolen by the accused and subsequently, seized.

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CRL RC No. 1937 of 2026

2. It is the case of the petitioner that the accused had offered to drop her in a place that she intended to go by giving her lift in his two wheeler ; that thereafter, he took her to a remote place under threat, took away her gold chain. A case was registered in Cr.No.87 of 2026 under Sections 318(4) and 303(2) of the Bharatiya Nyaya Sanhita (BNS), 2023. The accused was subsequently arrested and on his confession, the stolen jewel had been seized on 25.05.2026 and remanded on 26.05.2026. The petitioner sought for return of her property by filing C.M.P.No.1278 of 2026, before the learned Judicial Magistrate -I Alandur and the same came to be dismissed on the sole ground that the property was not produced before the Court.

3. The learned counsel for the petitioner would submit that the petitioner is aged about 83 years old ; that there is no dispute with regard to the ownership ; that the accused has not made any rival claim against her ; and that therefore, the petitioner is entitled to interim custody of the jewel.

4. The learned Counsel for Government of Tamil Nadu (Criminal Side) for the respondent Police would submit that investigation revealed that the jewel belonged to the petitioner.

5. In the light of the submissions made by the learned counsel on either side and since there is no rival claim made by the accused, this criminal

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CRL RC No. 1937 of 2026

revision petition is allowed and the impugned order dated 10.07.2026, made in C.M.P.No.1278 of 2026, on the file of the learned Judicial Magistrate -I Alandur, is set aside. In view of the same, the interim custody of the jewel viz. Gold neck chain, weighing 14.900 grams, is directed to be handed over to the petitioner on the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate -I Alandur;

(ii) Before handing over the jewels to the petitioner, the learned Magistrate may ensure that the photographs of the jewel are taken and kept in records;

(iii) The petitioner shall not alter or alienate the jewel in any manner;

(iv) The petitioner shall also give an undertaking that she will produce the jewel as and when required by the respondent or the Court below. 08-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rap

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CRL RC No. 1937 of 2026

SUNDER MOHAN, J. rap To

1. The Sub Inspector of Police S-9, Palavanthangal Police Station, Chennai Crime No. 87 of 2026.

2. The Judicial Magistrate -I Alandur.

3. The Public Prosecutor, High Court, Madras. CRL RC No. 1937 of 2026 08-09-2026

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CRL RC No. 1937 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-09-2026

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN CRL RC No. 1937 of 2026 CNR: {HCMA012074742026} Vanaja ..Petitioner(s) Vs State by Sub Inspector of Police S-9, Palavanthangal Police Station, Chennai Crime No. 87 of 2026. ..Respondent(s) Prayer: This criminal revision petition is filed under Sections 438 & 442 of BNSS calling for the records and to set aside the order dated 10.07.2026 of the learned Judicial Magistate -I Alandur in C.M.P.No.1278 of 2026 and to direct the respondent to return the Gold Neck Chain Weighing 14.900 grams to the petitioner in Crime No.87 of 2026 pending on the file the respondent (Now the same is numbered as C.C.No.887 of 2026, which is pending before the learned Judicial Magistrate No.II, Alandur). For Petitioner(s): Mr.R.Raghu Raj For Respondent(s): Mr.A.Amarnath, Additional Public Prosecutor

ORDER

This matter is posted today before this Court under the caption 'For Being Mentioned' at the instance of the learned counsel appearing for the petitioner.

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CRL RC No. 1937 of 2026

2. The learned counsel appearing for the petitioner submitted that in the order dated 08.09.2026, the satisfaction Court is wrongly mentioned as 'Judicial Magistrate No.I, Alandur' instead of 'Judicial Magistrate No.II, Alandur'. Thus, he prayed for suitable directions.

3. Considering the submissions made by the learned counsel for the petitioner, Registry is directed to issue order copy afresh forthwith, by making necessary corrections in the order dated 08.09.2026 made in Crl.RC.No.1937 of 2026. 28-09-2026 TSG To

1. The Sub Inspector of Police,

Chennai, Crime No.87 of 2026.

2. The Judicial Magistrate-I, Alandur.

3. The Public Prosecutor, High Court, Madras.

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CRL RC No. 1937 of 2026

SUNDER MOHAN, J. TSG CRL RC No. 1937 of 2026 28-09-2026

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